الاحتمالية في التصرفات العقدية

Abstract

Contractual acts are among the most important and complex topics in civil law. Their importance varies depending on the diverse needs of individuals and the nature of the contracts concluded between them. They are thus considered the cornerstone of financial transactions in society due to their fundamental role extending to both private and public interests. However, in light of the rapid developments in our contemporary world, most contracts have become increasingly complex. This complexity has given rise to several potential harms that can affect contractual acts, such as imbalances between the contracting parties, inequalities in knowledge, and the possibility of changing circumstances. These factors can foreshadow harm or risks inherent in contractual acts at all their stages. The central problem of this topic lies in the detrimental impact of potential uncertainties in contractual transactions, which negatively affect contractual equilibrium. This equilibrium arises from the diversification and proliferation of products, goods, and services in light of technological advancements, coupled with an imbalance between contracting parties. One party may possess greater knowledge and economic power than the other, which in turn negatively impacts contractual stability. This research will be divided into two sections. The first section defines probability in contractual transactions, which is further divided into three subsections. The first subsection examines the linguistic definition of probability in contractual transactions, the second explores its technical definition in other disciplines, and the third delves into its definition within legal jurisprudence. The second section addresses the characteristics of probability in contractual transactions, which is also divided into three subsections. The first subsection examines the predictability of contractual transaction circumstances, the second addresses the precautionary measures against potential harm in contractual transactions, and the third addresses negotiation in contractual transactions.